Chapter 3: The HUC’s Role in Staffing and Scheduling
The Collective Agreement
Fifty-four percent (54%) of health care workers in Canada are unionized (Statistics Canada, 2023), with many of these health care workers employed in hospitals and government agencies.
In unionized workplaces, a trade union represents the interests of a set of workers (called a bargaining unit) within that workplace (Legalline, 2023). In the hospital sector, it is common to have a mixture of unionized and non-unionized workers, as well as several unions representing different types of workers within each hospital.
In Ontario hospitals, RNs are typically represented by the Ontario Nurses’ Association (ONA). However, other staff such as RPN, clerical, allied health and environmental workers may be covered by a variety of unions, including:
- Ontario Public Service Employees Union (OPSEU)
- Unifor[1]
- Service Employees International Union (SEIU)
What is a Collective Agreement?
In unionized workplaces, a trade union and management negotiate the terms and conditions of employment for the group of workers through a process called collective bargaining. In this process, the union and management usually focus on such issues as wages, benefits, and working conditions.
The collective bargaining process usually results in a tentative collective agreement acceptable to both the union and employer. This agreement must then be ratified, or voted on, by secret ballot by union members. If at least 50% of the union members who vote agree, the collective agreement is finalized and becomes legally binding (Legalline, 2023).
Collective agreements are usually negotiated for a term of two or three years. Before the agreement expires, the union and the employer will start negotiating for a renewal agreement. If a new collective agreement is not reached before the current one expires, it will stay in force until a new collective agreement is negotiated (Legalline, 2023).
Collective agreements often deal with the following:
- wage rates,
- vacation entitlement,
- bereavement leave,
- health benefits,
- hours of work, paid breaks, on-call, and call-back provisions,
- layoff rules,
- the right to challenge employer disciplinary actions,
- holidays,
- jury duty leave,
- promotion selection rules, and
- occupational safety provisions (Legalline, 2023).
Video: The Collective Agreement
This short video by OPSEU explains how collective agreements work.
Source: OPSEU Education. (2015, June 16). The collective agreement. [Video]. YouTube. https://www.youtube.com/watch?v=zf169H8Oszg
Note: This video mentions seniority and discusses the role of the union steward in grievances. We will discuss more about these concepts in later sections.
Take Note! — What happens if members vote no?
If members do not ratify (or vote yes, to approve) a proposed agreement, the parties can either return to bargaining, engage in mediation, or voluntary interest arbitration. Many unionized health care workers are deemed essential workers and, as such, may have limited options to strike.
References
Government of Ontario. (2023, September 25). Collective bargaining.
Legalline. (2023). What is a collective agreement?
Statistics Canada. (2023, January 06). Table 14-10-0132-01 Union status by industry. https://doi.org/10.25318/1410013201-eng
- A large private sector union formed by the merger of the Canadian Auto Workers (CAW) and the Commuications, Energy, and Paperworkers (CEP) unions. ↵
to be a member of a union or a workplace required to follow the rules of a union
an organization of workers in a particular trade or industry that join together to improve working conditions and terms of employment
a group within a large trade union that negotiates or "bargains" the terms of employment for a particular category of worker, such as nurses
the process of negotiating the employment contract between union members and the employer
the contract agreed to between the union and the employer
